A Kenya Defence Forces (KDF) officer has been sentenced to 20 years in prison for his role in the gang rape of a Congolese refugee woman inside Nairobi Central Police Station in 2018—a case that has sparked renewed outrage over abuse of power within Kenya’s security institutions.
The High Court upheld the conviction of Arektum Kibet Benjamin, who was found guilty alongside civilian Julius Juma for the August 14, 2018, attack. The pair were previously sentenced to seven years in 2021, but the Office of the Director of Public Prosecutions (ODPP) appealed, calling for a harsher sentence.
Justice Muteti allowed the appeal on sentencing, ruling that the initial 7-year term was unlawful and did not comply with the Sexual Offences Act. He instead imposed a 20-year prison term, backdated to April 15, 2021, when Kibet was first detained.
“The conviction stands. However, the sentence is substituted with a 20-year term, as the earlier punishment was illegal and inadequate,” Justice Muteti said.
He condemned the assault as a “shocking misuse of state power,” emphasizing that the attack took place in a facility meant to protect, not harm.
“This ruling sends a clear message to state officers who think they are above the law. Justice must be done—and seen to be done,” the judge remarked.
The court heard how the victim, referred to only as ID, was abducted near Kencom Stage in Nairobi’s CBD after an evening of shopping in Eastleigh. She was approached by four men—two in uniform and two in civilian clothes—who demanded to check her bag and expired refugee ID.
Despite cooperating, she was shoved into an unmarked vehicle and taken to Nairobi Central Police Station, where she was locked in a wooden room. There, she was repeatedly raped by several men, including Kibet and Juma, over the course of the night.
The victim testified that Kibet, dressed in a maroon suit, raped her several times—even while intoxicated the next morning. In a twist of fate, she managed to take pictures using Kibet’s own phone, capturing a selfie with the suspects in bed—which later became critical evidence in court.
“They told me if I talked, they’d kill me,” she recalled in her statement.After escaping, the woman—badly injured and penniless—was denied medical care due to lack of payment. A neighbour helped her access treatment, and she later reported the attack to the Refugee Affairs Secretariat, which escalated the matter to the UNHCR and HIAS Kenya.
Medical reports confirmed sexual assault, with spermatozoa found. While Kibet’s DNA was inconclusive, Juma’s DNA matched evidence recovered from the scene.
Kibet claimed he had been on duty at Gilgil Barracks, but the court rejected the alibi due to lack of official records and the existence of damning photographic evidence.
“The complainant’s story remained coherent and credible throughout,” said Justice Muteti.
The prosecution was led by Principal Prosecution Counsel Peris Ogega.Kibet will now serve 20 years in prison, in a case that continues to draw attention to the need for accountability among Kenya’s security forces.
By Newsmedia